scholarly journals Związki prawa ubezpieczeń społecznych z prawem pracy

2019 ◽  
Vol 16 (3) ◽  
pp. 65-77
Author(s):  
Dorota Dzienisiuk
Keyword(s):  
Human Activity ◽  
Social Insurance ◽  
Insurance Risk ◽  
Labour Law ◽  
Insurance Law ◽  
Legal Methodology

Social insurance law and labour law have been intrinsically interrelated since the very beginning of their existence, as they cover the same sphere of human activity. At present we can observe that these relations are weakening mainly due to the continuously extending personal scope of social insurance law. The most important relations between social insurance law and labour law may be classified as relations of material (defining conditions of granting benefits), functional (legal methodology and political measures) and organisational (administrative) nature. A shift in the direction of the influence on shaping the rights and obligations of the labour relationship parties may be observed. It is no longer labour law that exclusively determines the situations protected (insurance risk), but to a broader extent both social insurance law and labour law are used simultaneously to reach a goal that is pursued.

scholarly journals Prawo ubezpieczeń społecznych a prawo ubezpieczeń gospodarczych (osobowych)

2019 ◽  
Vol 16 (3) ◽  
pp. 49-64
Author(s):  
Kamil Antonów
Keyword(s):  
Social Insurance ◽  
Insurance Risk ◽  
Community Members ◽  
Insurance Law ◽  
Business Interests ◽  
Insurance Cover ◽  
The Social ◽  
The Subject ◽  
The Common ◽  
Personal Insurance

In the paper, the author compares social insurance law with commercial (personal) insurance law, regarding the both types of insurance as different legal disciplines with different social and economic purposes. In the common and compulsory social insurance, the social purpose connected with provision of insurance cover takes precedence, not only due to fulfillment of individual profits of individual insured persons, but also with regard to interests of other risk community members. Differently, voluntary personal insurance is a symptom of individual prudence undertaken most commonly to increase the economic standard of family procurement, as well as to fulfill business interests of insurance institutions, which is related to the commercial character of such insurance. Regardless of the aforementioned, the both types of insurance have a common subject of protection consisting in granting a guarantee to cover any damage caused by accidents influencing in a negative way an area of life, health and ability to work of persons covered by such insurance. Therefore, the term of insurance risk (social in social insurance and commercial or private in personal insurance) is fundamental in the subject matter and the nature of granted insurance cover consists in bearing such risk (danger) by the insuring party.

scholarly journals Social protection of workers in non-standard forms of employment in Slovenia

2019 ◽  
Vol 39 (4) ◽  
pp. 1561-1596
Author(s):  
Darja Senčur Peček
Keyword(s):  
Social Insurance ◽  
Social Protection ◽  
Temporary Work ◽  
Labour Law ◽  
False Self ◽  
Employment Relationships ◽  
Legal Position ◽  
Standard Employment Relationship ◽  
Limited Scope

The article deals with legal position of individuals who work in various nonstandard forms of employment in Slovenia. The author analyses labour law protection and social position of workers, carrying out the work in forms of temporary work (fixed-term employment, temporary and occasional work of students and retired people), in employment relationships with more than two parties (temporary agency work), and also the position of false self-employed and economically dependent persons. It is evident that these forms of work are not precarious on their own, since Slovenian legislation provides the workers with rather proper protection during the period, in which they work, and moreover, these workers are also entitled to rights from social insurance schemes (in narrower of broader scope). The situation is different in cases of abuse of these forms of work and in cases of false self-employed persons and other disguised employees, when workers are only entitled to a limited scope of rights in spite of working in relationships with elements of a standard employment relationship. In order to prevent these cases, not only additional legislation solutions and labour market measures are needed, but labour inspection will also have to be increased and furthermore, the awareness of employers and the society regarding long-term impacts of use of such non-standard forms of work will have to be raised.

scholarly journals Związek prawa ubezpieczeń społecznych z prawem cywilnym w świetle orzecznictwa sądowego – wybrane zagadnienia

2019 ◽  
Vol 16 (3) ◽  
pp. 79-97
Author(s):  
Anna Cicherska
Keyword(s):  
Disability Pension ◽  
Social Insurance ◽  
Civil Law ◽  
Employment Contracts ◽  
Insurance Law ◽  
Scope Of Application ◽  
The Moment

This study presents interrelations between social insurance law and civil law. The author describes the nature of social insurance law regulations and their influence on possible invocations of the civil law provisions with regard to cases based on social insurance law. Then, the scope of application of civil law in proceedings before a disability pension authority is presented. The author describes in particular invocation of the civil law provisions in connection with the need to verify accuracy and diligence in execution of social insurance obligations by premium payers. Based on examples selected by the author, the issues of examination of validity of concluded contracts (civil law contracts or employment contracts) and individual contractual stipulations aimed at verification of the moment of inception of entitlement to social insurance or accuracy of verification of premium assessment basis are presented.

scholarly journals The scope of responsibility of employers towards workers’ families in the Second Republic of Poland

2017 ◽  
Vol 20 (7) ◽  
pp. 149-159
Author(s):  
Paweł Grata
Keyword(s):  
Health Insurance ◽  
Interwar Period ◽  
Legal System ◽  
Social Insurance ◽  
Second Republic ◽  
Labour Law ◽  
Nursery Schools

The aim of this article is the presentation of the scope of responsibility of employers towards workers’ families in Poland in the interwar period. The article also shows how those duties were fulfilled. This issue appeared in Europe with the development of social insurance programmes and labour laws. The Second Republic of Poland built its own legal system for employees’ families. It included health insurance and benefits, families’ pensions and funeral allowances. Certain obligations were also imposed on employers in the context of labour law. The most important was the obligation to open nursery schools for the children of women who worked in factories.

RIOT VICTIMS AND THE DOCTRINE OF PROXIMA CAUSA IN INSURANCE LAW: THE LESOTHO EXPERIENCE

2002 ◽  
Vol 46 (1) ◽  
pp. 59-91
Author(s):  
WANYAMA KULUNDU-BITONYE
Keyword(s):  
Insurance Contract ◽  
The Other ◽  
Insurance Risk ◽  
Critical Factors ◽  
Insurance Law ◽  
Other Hand ◽  
The One ◽  
Insured Event

One of the most critical factors on the conclusion of an insurance contract is to determine the extent of the insurance risk or cover. This enables parties to the contract to ascertain for themselves the rights and obligations under the policy. On the one hand, the extent of insurance risk determines what is recoverable by the insured or assured on the occurrence of the insured event, and, on the other hand, what level of liability is assumed and the premiums payable to the insurer. The extent of insurance risk also determines what rememdial action, if any, may be undertaken by the insured or assured by way of taking out extra insurance, if the policy at hand is not adequate.

Sign in / Sign up

Export Citation Format

Share Document